WESTERN COAL & MINING CO. v. TULLOSS.

WESTERN COAL & MINING CO. v. TULLOSS.
1914 OK 344
142 P. 1035
43 Okla. 298
Case Number: 6257
Decided: 07/21/1914
Supreme Court of Oklahoma

WESTERN COAL & MINING CO.
v.
TULLOSS.

Syllabus

¶0 APPEAL AND ERROR--Motion for New Trial--Dismissal. Syllabus in Allen v. Gates, 38 Okla. 408, 134 P. 51, is made the syllabus here.

Action by Ernest Tulloss against the Western Coal & Mining Company. Judgment for plaintiff, and defendant brings error. Dismissed.

Ira D. Oglesby, for plaintiff in error
Linebaugh Bros. & Pinson, for defendant in error

PER CURIAM.

¶1 On December 22, 1913, judgment was rendered and entered for plaintiff, whereupon a motion was granted extending the time in which to file a motion for new trial. On December 29, 1913, a motion for a new trial was filed and overruled, and defendant brings the case here.

¶2 The motion to dismiss is sustained for the reason that the motion for new trial was filed out of time. Rev. Laws 1910, sec. 5035, is mandatory, and the trial court had no power to grant an extension beyond the time specified in the statute. Allen v. Gates, 38 Okla. 408, 134 P. 51; Joiner v. Goldsmith, 25 Okla. 840, 107 P. 733.